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This article provides an overview of the Family and Medical Leave Law, including eligibility requirements, employee and employer responsibilities, and new provisions as of January 16, 2009.
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Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave Coordinator
Eligible Employees • 12 Aggregate Months of County Service • Worked 1,250 hours in the previous 12 months • Permanent, Temporary, Part-time or Recurrent
Child Spouse Parent In Loco Parentis Domestic Partner Health Care Provider Next of Kin Qualifying Exigency Serious Health Condition Unable to Perform the Functions of the Position Need to Care for a Family Member Workweek Definitions
Employee’s Notification Responsibility • 30 Days Notice • Emergency notice from employee or employee’s representative ASAP • Intermittent Leave must not disrupt the department’s operation
Employer’s Notification Responsibility • Management always designates leave time • Employee must be notified of designation in five (5) business days • CHCP form must be returned in 15 days
For Your own SHC Any accrued time (sick, vacation, holiday, OT, etc.) Short-term Disability Compensatory Time Off (CTO) Qualifying Family Member Any accrued time except sick leave Twelve Personal Days of Sick Leave (Kin Care Law) Paid and Unpaid Leave
Pregnancy Disability Leave • Employee is disabled by pregnancy or pregnancy related condition • No “hours worked” or “length of service” requirement • FMLA runs concurrently • CFRA runs consecutively
FMLA and Labor Code 4850 Labor Code 4850 • Provides full benefits to safety employees injured on the job. • Benefits run for one year or RTW date (whichever comes first). • Cannot run concurrently with FMLA.
Other Guidelines • An employee cannot reject a designation of FMLA. • Exempt Employees must post their own time for FMLA related absences • Power of Attorney does not create a relationship for FMLA purposes • If fraud or abuse is suspected, contact Human Resources.
New FMLA Provisions • Effective January 16, 2009 • Redefines Serious Health Condition • Follow the employer’s same terms and conditions for using paid time off for FMLA • Employees must follow employer’s call-in procedures • Employer (not direct supervisor) can contact employee’s health care provider
New FMLA Provisions • Fitness for Duty statements must have specifics for employee’s job duties • Medical Certification can be required every six months for employees with lifetime or chronic conditions • Designation of FMLA can be done in five days (up from two days)
